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Court summons

  • 21-03-2019 9:36pm
    #1
    Registered Users Posts: 24


    Hi I am wondering is there anyway you can possibly find out if you have been issued with a summons? I read that the Garda involved has 6 months to report the summons to the court however the summons can be issued anytime after that. If 6 months has passed is there anyway to find out if you will be given the summons?


Comments

  • Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    boy1234 wrote: »
    If 6 months has passed is there anyway to find out if you will be given the summons?
    Talk to your solicitor. They will know how to ask without reminding anyone.


  • Registered Users Posts: 24 boy1234


    Victor wrote: »
    Talk to your solicitor. They will know how to ask without reminding anyone.

    I don’t have a solicitor at the moment, as I don’t know if i will even be summonsed, 50/50 chance I will be summonsed, but I don’t want to walk into the Garda station and ask them Incase they are like what did you do etc and draw attention to myself


  • Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    boy1234 wrote: »
    Hi I am wondering is there anyway you can possibly find out if you have been issued with a summons? I read that the Garda involved has 6 months to report the summons to the court however the summons can be issued anytime after that. If 6 months has passed is there anyway to find out if you will be given the summons?

    The six months period runs from the date of an alleged offence.

    What has to happen within six months is that the Gardaí must have lodged a request with the relevant summons office for a summons.
    As long as that requirement is met the summons can be served after six months but not years later !
    This all assumes that we are talking about a summary offence i.e. a matter within the jurisdiction of the District Court.

    As you do not have a solicitor it would probably be wisest to follow your own observation about not drawing attention to yourself and leave this alone.
    If there is an intention to prosecute you will hear about it.


  • Registered Users Posts: 17 Ae45


    Hi all

    Are you obliged to appear in the District Court if the summons is served incorrectly?

    What happens when you dont turn up?

    Thanks in advance


  • Registered Users, Registered Users 2 Posts: 28,339 ✭✭✭✭drunkmonkey


    They'll put a bench warrant out for you, not turning up and giving a bum excuse will also get you one. Talk to a solicitor or possible a barrister depending on how much trouble the person is in.


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  • Registered Users Posts: 17 Ae45


    A summons cannot be left with anybody under 16. The guard said so himself but then proceeded to leave it with my 13 year old brother


  • Registered Users, Registered Users 2 Posts: 28,339 ✭✭✭✭drunkmonkey


    Right you know about it, let the solicitor do the rest. You need legal advice.


  • Registered Users Posts: 17 Ae45


    Whats with the attitude I am simply asking a question


  • Registered Users, Registered Users 2 Posts: 28,339 ✭✭✭✭drunkmonkey


    No attitude but you got to face up to it either way, solicitor might be able to help on the point of law, don't know if it's enough to get it struck out or just reissued.


  • Registered Users, Registered Users 2 Posts: 2,958 ✭✭✭D3V!L


    Ae45 wrote: »
    Whats with the attitude I am simply asking a question

    And you got an answer to it.


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